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57 FLRA No. 159
U. S. Dept. of the Navy, Supervisor of Shipbuilding Conversion and Repair, Pascagoula, Mississippi and NAGE, Local R5-125 (Williams, Arbitrator), 0-AR-3454 (Decided April 18, 2002)
The Arbitrator found that the Agency violated the parties' agreement in scheduling employees' travel. He awarded the employees overtime compensation for the hours they would have been compensated if the Agency had complied with the agreement. The Authority found that the Agency did not demonstrate that the award was deficient under § 7122(a) of the Statute.
The Authority noted that although the Agency's contrary to law exception was not clear, it could be construed as an claim that, under § 422 and 29 U.S.C. § 254, the grievants could not be compensated for constructive travel -- the desired flight -- because they did not actually take that flight. However, the Agency did not explain how § 422 and/or 29 U.S.C. § 254 permit compensation only for actual -- not constructive -- travel. The Authority concluded that the Agency failed to demonstrate that the award was contrary to law, that it failed to draw its essence from the parties' agreement, that the Arbitrator exceeded his authority, or that the award was based on nonfacts.